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I guess you have a considerable number of years of being in the UK, maybe 20 years? How much income tax did you contribute during that time? Just askin...........Cent 2016 wrote: ↑Thu Mar 26, 2020 8:10 amI am considering initiating a JR claim against the HO with regards to their immigration policy for the 20 years Private Life rule/route. This is the rule/policy where one could apply for an initial 30 months limited leave to remain after one has lived in this country for 20 years. Within this category, one would have lived in this country for 30 years before one could become eligible to apply for ILR.
I believe that the policy is unfair, disproportionate, irrational and discriminatory when compared to the rules/policies of other immigration categories. I consider that it contravenes Article 14 of the HRA 1998:
"Prohibition of discrimination"
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status".
And the Equality Act 2010:
Section 29 (1a) "A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service".
(2) "A service-provider (A) must not, in providing the service, discriminate against a person (B)—". (2a)"as to the terms on which A provides the service to B"; (2c) "by subjecting B to any other detriment". (6) "A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation".
I will submit that, while applicants of other routes such as spouse/marriage/partnership route are eligible to apply for ILR after 5 years, parents of a child under 18 are eligible after 10 years, etc. it is unfair and unreasonable that the Private Life applicants would wait until after 30 years. I would argue that it contravenes the Equality Act 2010 and the HRA 1998, those being the main grounds for my intended JR application. This is to test out the illegality, irrationality, procedural unfairness and incompatibility with the Human Rights of applicants in this category.
I welcome any thoughts, guidance, critiquing or pointing to a blind spot about this idea. Thank you in advance.
It seems to be the modern way. Everyone wants Rights. Many dont want Resposibility.blondesafari wrote: ↑Fri Mar 27, 2020 9:15 am@FXR_1340 - I agree with you 100%! I find it appalling that people choose our beautiful country, live here illegally, then expect to be given a bonus of citizenship! Those of us who chose to come here legally, and contribute to the country, certainly so not agree with this.
Happy to be corrected however the sentiment and the points raised remain valid. Delighted to learn appropriate taxes etc are being paid. If only those to whom you allude to in your OP did the same.Cent 2016 wrote: ↑Sun Mar 29, 2020 6:56 amThank you to those who have commented on this post so far, as it is clearly a very controversial one and I can see that some people feel very strongly about it. But I am glad that it is generating some interesting debate and from well informed members of this forum.
However, to those of you who assume that I have been living here illegally, and or have been working illegally and therefore not paid tax, I say you are completely WRONG. I can confirm that I have been residing in the UK legally and I have paid, and continue to pay taxes through PAYE, annual self-assessment and corporation/business taxes. So, let me set that record straight.
So you are not yourself in any way affected by the policy?Cent 2016 wrote: ↑Sun Mar 29, 2020 6:56 am
However, to those of you who assume that I have been living here illegally, and or have been working illegally and therefore not paid tax, I say you are completely WRONG. I can confirm that I have been residing in the UK legally and I have paid, and continue to pay taxes through PAYE, annual self-assessment and corporation/business taxes. So, let me set that record straight.